Primary to narrow judicial field
On the web
The Janesville League of Women Voters has compiled links to local media coverage of candidates for Rock County Judge as well as some of the candidates' written responses. Visit lwvjvl.org for information about:
-- JATV's rebroadcasting of the league's Jan. 25 judicial forum.
-- Links to YouTube videos of the same forum. The league's website features a list of time stamps for the questions asked during the forum. Viewers can choose to watch responses to the questions that interest them the most.
-- Written answers to questions.
-- Links to Local Vision TV's "Meet the Candidates" series as well as video from the Rock County Bar Association's Jan. 24 judicial candidate forum.
Photo 
Tod O. Daniel
Photo
Mike Haakenson
Photo
Jack Hoag
Photo
Barbara W. McCrory
Photo
Tom McDonald
Photo
Harry C. O'Leary
JANESVILLE — More often than not in recent history, Rock County judges have been appointed by the governor rather than elected to the bench.
This year is an exception.
Six Janesville attorneys are competing to replace retiring Judge James Welker. As a group, they have participated in forums sponsored by local community service groups.
On Jan. 24, the six answered questions in a forum hosted by their peers in the Rock County Bar Association. Among other questions, each was asked: "Depending on the nature of his or her practice, every attorney will experience a conflict of interest at some time. What is the likelihood you will encounter a significant number of conflicts of interest, and how will you deal with it?"
Below are candidates' responses as well as biographical information.
The two top vote-getters in the Feb. 21 primary will advance to the April 3 election.
***
Tod Daniel
Age: 69
Address: 4446 N. Connor Road, Janesville.
Job: Attorney. Served with the Army in Vietnam, 1967-69.
Education: Graduated from St. Norbert College, 1964, and from Marquette University Law School, 1967.
Elected positions: Appointed to the Janesville School Board in 1987 and was elected three times. He was school board president in 1996-97.
Community service: None
Website: toddanielforjudge.com
On the likelihood of conflicts of interest: "I've been basically a sole practitioner and don't have a lot of entanglements. I am quite independent. … I would find it quite rare to be faced with a conflict of interest. If there was one, I would recuse myself prior to anyone having to file a substitution."
***
Mike Haakenson
Age: 49
Address: 2215 Purple Aster Lane, Janesville.
Job: Trial attorney in Janesville since 1989 and guardian ad litem.
Education: Graduated in 1988 from University of Wisconsin Law School
Elected positions: None
Community service: Member, SpotLight on Kids Board of Directors.
On Facebook: Mike Haakenson for Judge
On the likelihood of conflicts of interest: "Sometimes it's important (to recuse yourself) just for the parties to know you're fair. … If people are concerned about it, let's talk up front. If I see potential problems, I would raise them. Let them discuss it. Let's talk up front. I don't want people finding out later on."
***
Jack Hoag
Age: 59
Address: 4155 Eastridge Drive, Janesville.
Job: Attorney in Janesville since 1978.
Education: Graduated from Lawrence University, 1974, and from University of Wisconsin Law School, 1978.
Elected office: None
Community service: Past service on The Salvation Army's advisory board, on the board of directors for the Boys and Girls Club of Northern Rock County and as chairman of a YMCA membership drive committee. He coached Janesville area youth and high school teams for more than a decade.
On Facebook: Jack Hoag for Judge
On potential conflicts of interest: "When you run for office, you realize how many people you don't know. If you feel you can't competently do it, or if one of the parties says, 'I have concerns here,' the guiding light has to be the law and when one must excuse themselves."
***
Barb McCrory
Age: 49
Address: 507 Apache Drive, Janesville.
Job: Rock County family court commissioner since 1999 and a court commissioner in Jefferson County since 2010.
Education: Graduated from UW-Madison, 1983, and from University of Wisconsin Law School. 1992.
Elected office: None
Community service: Member of State Bar of Wisconsin Family Law Section Board, the Wisconsin Family Law Journal editorial board and the Rock County Bench Bar Committee.
On Facebook: Barbara McCrory for Judge
On potential conflicts of interest: McCrory said she would recuse herself from any case argued by her husband, Marc McCrory. She also said she would be upfront with litigants who were defended by Brennan Steil Law Firm, her former employer.
"What we have to keep in mind," McCrory said, "we have to keep the appearance of a judiciary that is impartial."
***
Tom McDonald
Age: 31
Address: 16 Marshall Place, Janesville.
Job: Attorney at McDonald Law Office, Janesville.
Education: Graduated from UW-Whitewater, 2002, received master's degree from UW-Whitewater, 2003; and graduated from St. Louis University School of Law, 2007.
Elected office: Janesville City council, 2008 and 2010.
Community service: Habitat for Humanity of Rock and Jefferson Counties, ECHO, Salvation Army, GIFTS homeless shelter, Janesville Noon Rotary executive board member, volunteer usher at the Janesville Performing Arts Center, Janesville City Council member, chairman of the Janesville Area Metropolitan Planning Organization, Janesville Alcohol License Advisory Committee, TIF Advisory Board.
On Facebook: Tom McDonald for Judge
On potential conflicts of interest: "The answer to how I would handle it is simple enough. I would recuse myself."
McDonald said his legal work and community volunteerism have built connections locally and around the state.
"I don't foresee a lot of cases in which I would say 'I wouldn't be able to be a judge on this case.'"
***
Harry C. O'Leary
Age: 49
Address: 2012 N. Granite Drive, Janesville.
Elected office: Janesville City Council, 1991-2002. Served on city and county committees, including the Janesville Plan Commission from 1995-2003, the Janesville Police Department Design Committee and the Rock County Board of Adjustment.
Education: Graduated from UW-Madison, 1984, and from Marquette University Law School, 1988.
Community service: Has been a Cub Scout and Boy Scout leader; coach at the YMCA, St. William Parish and Parker High School; Forward Janesville Board; Janesville Riverfront Design Committee; Rock County Board of Appeals; and a member of the Elks Club.
On Facebook: Harry C. O'Leary for Rock County Judge-2012
On potential conflicts of interest: "Based upon current law, there is no conflict of interest, actual or by appearance, unless my brother (Rock County District Attorney David O'Leary) appeared before me or worked on the case in question," O'Leary wrote in an email to the Gazette.
If that happened, O'Leary would recuse himself unless the parties waived the conflict, he wrote.
O'Leary addresses conflict of interest question
When asked, Rock County judicial candidate Harry O'Leary said he would not have to recuse himself from all criminal cases because his brother is Rock County District Attorney David O'Leary. He cites the 1996 Wisconsin Supreme Court case State versus Harrell. Harrell said a Dane County judge should have recused himself from a case because the judge's wife was an assistant district attorney. The Supreme Court disagreed.
According to the court opinion, judges need not automatically recuse themselves from cases because their spouses work in the same office (a private law firm or public defender's office) as an attorney appearing before the judge. Judges might have to consider recusal if their spouses appeared in or helped prepare the case, according to court documents.
O'Leary said he also agrees with the Supreme Court's opinion that being related to a prosecutor would not automatically create the appearance of conflict. A member of a government prosecutor's office does not have a financial interest in the outcome of a case and is not arguing the case to convict a criminal but rather to seek justice, according to court documents.
To read the case law, visit wicourts.gov. Click on the "opinons" tab and search Supreme Court opinions for "Harrell."
Feb 20, 2012 at 6:53 p.m.
Suggest removal
Thanks to the Gazette for running the article clarifying Attorney Hoag's ad that is currently running in the paper bolstering his experience in the courtroom. For Mr. Hoag to mislead the public's perception of his fellow attorneys' experience shows a lack of fairness on his part and an absolute lack of judgment.
Feb 20, 2012 at 12:58 p.m.
Suggest removal
commonsence-"Daniel and Hoag are both in their 60s. Some counties have mandatory retirement age at 62 so Daniel would not even be eligible and Hoag would have to retire next year."
This makes NO sence.
Daniel counln't even run according to your stmt!
Feb 19, 2012 at 10:40 a.m.
Suggest removal
vote McDonald!
Feb 18, 2012 at 11:42 p.m.
Suggest removal
Jack Hoag will get my vote.
Feb 16, 2012 at 5:34 p.m.
Suggest removal
Tom McDonald has earned my vote. After listening to all the interviews on WCLO, watching the League of Women Voters forum, the interviews of each of the candidates on LocalVision, and reading the articles in the Gazette and other newspapers, Tom has come across as the best candidate for the job. He has demonstrated expertise well beyond what someone of his age normally exhibits. To those still looking at the Bar poll, do some additional research and look at the comments on the article the Gazette ran on the poll weeks ago. It has been determined it is pretty worthless.
Feb 16, 2012 at 3:19 p.m.
Suggest removal
Mike Haakenson. Fair, loyal, experienced, not about to retire.
Feb 16, 2012 at 2:23 p.m.
Suggest removal
I've heard nothing but good things about McCrory by both employees inside the courtroom and legal advocates who work/worked with the courts. She's getting my vote.
Feb 16, 2012 at 12:28 p.m.
Suggest removal
Personally, I'll vote for McCrory. A poll of the RockCounty Bar Association rated the candidates as follows:
• Michael Haakenson - qualified, 75; unqualified, 7; no opinion, 23.
• Thomas McDonald - qualified, 7; unqualified, 62; no opinion, 35.
• Harry C. O'Leary - qualified, 60; unqualified, 19; no opinion, 25.
• Tod Daniel - Qualified, 51; unqualified, 40; no opinion, 13.
• Jack Hoag - Qualified, 82; unqualified, 12; no opinion, 9.
• Barbara McCrory - Qualified, 92; unqualified, 4; no opinion, 8.
Most of the candidates are qualified, but McCrory stacks up as best overall, with McDonald at the bottom.
Also, Wisconsin law requires that a candidate hold a law license for a at least five years to qualify as a judge. At the time of the election, McDonald will not yet have been licensed for quite five years, though by the time he actually would serve as a judge he might minimally meet this requirement. That being said, I'd prefer my judges to have had much more than the bare minimum experience, as all the other candidates do.
For the bar association survey, see http://www.beloitdailynews.com/news/rock...
Feb 16, 2012 at 9:55 a.m.
Suggest removal
I'm voting for Barb McCrory. Her personal character and commissioner experience, as well as the Rock County Bar experience survey sold me. Good luck!
Feb 16, 2012 at 8:40 a.m.
Suggest removal
Daniel is out for me and not because of his age; he is just an unpleasant person (in a public setting...never been unfortunate enough to experience his court room demeanor).
.
Right now it is between Hoag and McDonald for me. I am interested in finding out more information on the other candidates though. Hoag and McDonald are my front runners.
Feb 16, 2012 at 8:32 a.m.
Suggest removal
In abstaining from the Shine vote, McDonald passed the buck on the one of the most important council votes of the last 3 years. The public doesn't weigh in on judges decisions. If he can't make a decision at the time a vote is taken, as the other council members did, he's not prepared to be a judge.
Feb 16, 2012 at 7:38 a.m.
Suggest removal
Tom McDonald has demonstrated he is very knowledgeable over the past years while a member of the city council. He takes into account both sides of an issue as well as seeks input from the citizens and makes informed decisions. He has also shown a commitment to this community though his volunteerism in many community organizations. My family has witnessed his ability first-hand though an organization we are a part of and are very greatful for his service.
.
As for the other candidates:
.
Daniel and Hoag are both in their 60s. Some counties have mandatory retirement age at 62 so Daniel would not even be eligible and Hoag would have to retire next year.
.
Haakenson and McCrory are both in their 50s and in all those years, have essentially no community service or involvement. This is very telling and shows a lack of wanting to help out.
.
O'Leary has a major perceived conflict of interest with his brother being the District Attorney.
.
Based on all this, Tom McDonald is the clear choice for Judge.
Feb 16, 2012 at 12:52 a.m.
Suggest removal
Mike Haakenson is a good guy, has a good demeanor, and would make an outstanding judge
Feb 15, 2012 at 10:34 p.m.
Suggest removal
Mike Haakenson is a great and honest guy....I know he would do a great job...our family supports him.
Feb 15, 2012 at 10:03 p.m.
Suggest removal
In this case I won't be looking so much for who connects with the community, so much as I will be looking for the one who connects with the law and won't let outside influences dictate in any of his judicial decisions, I had though that Tod Daniel was the best candidate running in this race but now that I realize he is already 69yrs old, I have to ask myself how many years more will he be willing and able to preform the duties as a judge here in Rock Co. and do I want a candidate that would win only to then retire in a couple years and leave us to go through this all over again. It's too bad as Tod would've made an excellent judge 10 years ago, sorry....
My vote now will be cast for,,,,,,??
Jack Hoag!,
He seems the most honest and in touch with his answer here as to when it's appropriate and necessary to recuse himself and I believe we need someone who will follow the letter of the law.
I don't see where that would or could be possible with Harry O'Leary when his brother is the Rock Co. DA and this would come up possibly hundreds of times a year, and we frankly don't need to open ourselves up for conflicts to come, people losing cases only to appeal on that basis alone, and his answer appeared to be way to defensive in that he was sighting Supreme Court rulings.
Tom McDonald will make a fine judge someday, but I believe it's too early on for him at only 31yrs of age, he needs a little more time as a lawyer, and learning more before moving to the other side of the bench.
And the other remaining candidates may be well qualified but I just don't see any of them being a better choice in my book in this upcoming judicial election.
And that is why on Feb 21st and April 3rd my vote will be going to Rock Co. future Judge Hoag.
Feb 15, 2012 at 6:01 p.m.
Suggest removal
My vote is for Tod Daniel. The man appears to me as an honest and fair individual. He works hard and cares for those he represents. As a judge, I don't see him letting anyone influence his decisions.
Feb 15, 2012 at 5:41 p.m.
Suggest removal
I was a jury member for a case in which Tom McDonald was the attorney for one of the parties. I was very impressed with his demeanor, professionalism, and overall knowledge of the law as it related to the case. On the other hand, many years ago, my husband was a member of the jury for a case which involved one of the other candidates and my husband complains to this day over they way this particular attorney handled himself and showed a general lack of respect. We will be voting for Tom McDonald and encourage others to do the same.
Before you post a comment, consider this:
Note: GazetteXtra.com does not condone or review every comment. Read more in our User Policy AgreementPost Comment
Commenting requires registration.